Zoning Laws for Home Day Care

by Ron White

Day care zoning rules limit how and when home day care providers can operate.

While some parents opt to enroll their kids in large day care centers, many parents still prefer the personal attention that children receive through in-home day care centers. Home day care providers also have increased because of changes in the economy that have forced workers to find new careers. Communities, though, pass various zoning laws to manage and restrict how home day cares operate. Failure to follow these zoning laws can result in penalties, including hefty fines.

Function

Zoning laws require home day care operators to follow specific rules regulations, including some that apply only to home day cares. These laws are designed to address the unique circumstances of a business operating in a residential area. Many laws seek to minimize the negative impact on the community, which can be affected by increased vehicle traffic and neighborhood noise. Other laws regulate how properties are altered, including the addition of business signage and the construction of fencing and playground equipment. Zoning laws also provide special requirements designed to address special circumstances related to these businesses. For example, some zoning ordinances address the need for children to be protected from the flow of nearby traffic.

Geography

Home day cares generally are planned for residential areas, where the day care provider lives. City zoning laws, though, vary in terms of how they address these home day cares. In some cities, there is a limit in geographical terms to the number of home day cares that can exist. Once that maximum has been reached, there are no opportunities available for additional home day cares in that area. In other communities, zoning laws strictly ban home day cares in areas zoned residential.

Process

In many communities, zoning laws require home day care providers to apply for a permit from the city. This application process allows the city’s zoning department to determine whether the home day care meets the zoning rules for the community. Permits also ensure that all home day cares are properly licensed with county or state agencies. Communities also can limit the number of permits granted. It is a violation of zoning laws to operate a home day care without a permit in these communities. These violations can lead to fines and other action against the owner of the home day care. Permitting is deemed a valuable tool in managing the influx of in-home day care facilities into residential areas. Communities attempt to limit the number of home day cares in an area to ensure that neighborhoods retain their residential feel.

Benefits

While most communities develop zoning rulings that deal with safety, some communities opt to pass special zoning rules for day cares, which are thought to require greater safety measures because of the involvement of young children. Stronger fire safety and health standards are among the common zoning laws that pertain to occupational permits held by home day care providers.

Considerations

Many local zoning ordinances place restrictions on the number of children who can attend a day care and the times a home day care may operate. Restrictions vary from city to city. Ordinarily, home day cares are allowed to care for no more than eight to 10 children at once. Some communities also restrict the number of children below or above a certain age. In Geneva, Ohio, a 2009 zoning ordinance placed several restrictions on home day cares. They may not care for more than six children at once, and only three can be 2 or younger. As well, the community limited operating hours. Home day cares may operate only between 6 a.m. and 9 p.m. and only on weekdays. According to the Family Child Care Association of San Francisco, multiple licenses are available in the state. Some limit the number of children under care to six to eight, but other licensing allows 12 to 14 children to be cared for in a home day care when a second caregiver is present.

About the Author

Based in Central Florida, Ron White has worked as professional journalist since 2001. He specializes in sports and business. White started his career as a sportswriter and later worked as associate editor for Maintenance Sales News and as the assistant editor for "The Observer," a daily newspaper based in New Smyrna Beach, Fla. White has written more than 2,000 news and sports stories for newspapers and websites. He holds a Bachelor of Arts degree in journalism from Eastern Illinois University.

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